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Posts Tagged ‘enforcement’

New rules improving law enforcement authorities’ access to financial information to investigate serious crime were adopted by MEPs on Wednesday
Financial data can offer valuable information to law enforcement authorities and can help them prevent, detect, investigate and prosecute serious crime and terrorism. The new rules, already agreed with EU ministers, aim to improve law enforcement authorities’ access to information and the cross-border exchange of financial information between EU authorities.
The new measures include the following changes:competent law enforcement authorities will be able access to bank account information for the prevention, detection, investigation or prosecution of criminal offences;
financial intelligence units (FIU) will be required to cooperate and reply in a timely manner to requests for financial information or analysis from the competent law enforcement authorities; national competent authorities will be required to reply in a timely manner to requests for law enforcement information by the national financial intelligence units;
national financial intelligence units will be entitled to exchange any information related to terrorism and organised crime associated with terrorism; and
better cooperation between authorities in different member states and improved exchange of information between Europol and national financial intelligence units.
The new rules were adopted by 574 to 26, 6 abstentions. The text still needs to be formally approved by the Council before entering into force. EU countries will have two years to put the rules into practice.

All Contracting Parties agreed on a number of conservation and enforcement measures: Key conservation measures for Greenland sharks. The EU and the US worked together to prohibit targeted fishing of this iconic species. NAFO will now work on identifying the fishing areas where higher bycatch and discards take place, in preparation for new measures to be proposed by 2021.Extended scientific monitoring. Regular scientific monitoring must consider the impact on fish stocks and vulnerable marine ecosystems, not only of fisheries, but also of other industries such as oil exploration, shipping and recreational activities.
Adoption of an Exceptional Circumstances Protocol for the harvest control rule for Greenland HalibutRevision of the NAFO Observer Program. Promoted by the EU and Canada, the Program was reviewed and adapted in order to enhance the quality of NAFO’s data collection.
The meeting in Tallinn also set TACs on twelve different stocks, and agreed further measures to increase compliance of the EU fleet with NAFO rules both at sea and in port.

The EU-US Umbrella Agreement on the protection of personal data exchanged for law enforcement purposes was backed by a broad majority of MEPs on Thursday. The deal will ensure high, binding data protection standards for data exchanged by police and law enforcement authorities across the Atlantic.
The Umbrella Agreement covers the transfer of all personal data, such as names, addresses or criminal records, exchanged between the EU and US for the prevention, detection, investigation and prosecution of criminal offences, including terrorism.
“The outline of transatlantic data protection is becoming clear”, said Parliament’s lead MEP Jan Philipp Albrecht (Greens, DE). “In future there will finally be high, binding standards and strong rights for citizens on both sides of the Atlantic when data are exchanged between police and law enforcement agencies. After six years of negotiations, we are raising data protection with the USA to a new level. Citizens’ fundamental rights will be better protected than they are by mere mutual recognition of today’s low standards.”
“The agreement is not a legal basis for data transfers, but protects those data that are already exchanged legally. Data protection authorities can check compliance at any time”, he added.The deal will ensure that citizens on both sides of the Atlantic will have the right to:
– be informed in the event of data security breaches,
– have inaccurate information corrected and
– judicial redress at court.
It also sets limits on onward transfers of data and retention periods.
Proposals from the ALDE and GUE groups to seek an opinion from the European Court of Justice on the Umbrella Agreement’s compatibility with the EU Treaties were voted down.
By 481 votes to 75, with 88 abstentions, Parliament paved the way for Council to adopt the final decision which would conclude the international agreement.

The EU-US data protection framework, known as the “Umbrella Agreement” was backed by a large majority in the Civil Liberties Committee on Thursday morning. The deal will ensure high, binding data protection standards for data exchanged by police and law enforcement authorities across the Atlantic. The Umbrella Agreement covers the transfer of all personal data, such as names, addresses or criminal records, exchanged between the EU and US for the prevention, detection, investigation and prosecution of criminal offences, including terrorism.“This is a big step forward for transatlantic data protection”, said lead MEP Jan Philipp Albrecht (Greens, DE) after the committee approved his recommendation of the agreement by 41 votes to 4, with 6 abstentions. “In future there will be high, binding standards and strong individual rights will apply when it comes to the exchange of data between police and law enforcement authorities”.
“The agreement represents the start of a new way to negotiate high transatlantic standards on fundamental rights instead of the incomplete, fragmented and very low ones seen so far. It was crucial for Parliament’s approval to have a binding clarification that the Umbrella Agreement is not a legal basis for new data transfers, and that data protection authorities can always check compliance”, he added.The agreement ensures that citizens on both sides of the Atlantic will have the right to:
• be informed in the event of data security breaches,
• have inaccurate information corrected and
• seek judicial redress at court.
It also sets limits on onward transfers of data and retention periods.

The European Parliament is determined to continue its work on a range of counter-terrorism measures to ensure the safety of EU citizens. Council and Parliament have already worked out agreements on issues such as EUROPOL, cyber security and data transfers for law enforcement purposes. There is a strong political will in the European Parliament to adopt as soon as possible the package agreed with the Council last December, which comprises the EU passenger name record (PNR) system and the Data Protection Regulation and Directive. Parliament therefore urged the Council to accelerate its adoption of the data protection reform to enable the Parliament to adopt the entire package already end of April.Parliament urges member states to step up information-sharing and ensure that all existing legislative instruments are fully implemented and operational.Attending today’s extraordinary Justice and Home Affairs meeting to convey Parliament’s support and sympathy with the Belgian people, Vice-President of the European Parliament Sylvie Guillaume (S&D, FR) said:”Europe will not bow to terrorism. Our unity and determination to uphold our values and rights are only made stronger.European citizens rightly expect concrete action from their governments and the EU to counter terrorism. This must cover every aspect of the threat, from prevention to protection and prosecution, as repeatedly stressed by Parliament. There is no single solution to stop the terrorist threat.There is a strong political will in the European Parliament to adopt as soon as possible the package agreed with the Council last December, which comprises the EU passenger name record (PNR) system and the Data Protection Regulation and Directive. We are just as impatient as the Council to see the laws put onto the statute book. We have repeatedly stressed that the bulk collection of passenger data which the PNR foresees needs to go hand-in-hand with proper data protection standards.Parliament therefore urges the Council to accelerate the timetable for the adoption of the Data Protection reform to enable the Parliament to adopt the package already end of April.It should also be recalled that Parliament shortened the time member states have to implement the new rules from 3 years to 2 years, and that nothing prevents member states from starting to implement the new rules immediately so as to ensure the shortest possible delay before the system is operational. Several have already received funding for it from the Commission.Parliament is also working intensively on a number of security-related files to step up the fight against terrorism, including additional budgets and powers to EUROPOL, Cyber Security, enhancing checks at the external borders, reviewing legislation on firearms, exchanging criminal records and criminalising the preparation of terrorist acts.Parliament urges member states to step up information-sharing and ensure that all existing legislative instruments are fully implemented and operational. Are all Member States using the Schengen Information System systematically? Is the exchange of information between national police forces, the so-called “Prüm” Convention, fully implemented? A clear demonstration of political will and regular monitoring of progress is needed here”, Guillaume concluded.

Brussels 5-6 pm on January 19th, 2010 The IPC, I Boulevard Charlemagne 1000 Press Briefing for the launch of the “Mind the Gap” Report. Losing patience with “the gap” between the fine principles of European law and the way it is applied on the ground, ECAS called on senior academic and practicing lawyers to come up with solutions. The 30 page report of the high level panel with a conclusion of 10 recommendations to the new Commission and EU Institutions for action is the result. The report explains the practical reality EU citizens face, by analyzing “the gap” between the legal framework and the way it is applied. The report attempts to evaluate the difficult but important subjects of enforcement, prevention, and existing inefficiencies in areas such as information and advice services, and how to improve non-judicial and judicial remedies. The report will be presented by the Chair of the Panel and former judge at the European Court of Justice, David Edward. Tony Venables, ECAS’ Director, will describe the barriers to recognition of the rights of EU citizens to reside in other countries, especially if they are looking for work and on a low income, or have family members or partners from outside the Union. In a period of economic downturn “red tape” has increased as public authorities seek to limit access to social entitlements or make it more difficult for people to achieve recognition of their qualifications. ECAS will be following up this report with the legal affairs and other committees of the European Parliament and in particular with the Viviane Reding, the new Vice President of the Commission designate for justice, fundamental rights and citizenship.